04/24/2017 Town Board Meeting Hamburg, New York 1

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1 04/24/2017 Town Board Meeting Hamburg, New York 1 A regular Town Board meeting of the Town of Hamburg, County of Erie and State of New York held at the Town Hall, 6100 South Park Avenue, Hamburg, New York on the 24 th day of April On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board adjourn Executive Session at 7:16 pm and move into the regular meeting. ROLL CALL: Steven J. Walters Supervisor Michael Quinn, Jr. Councilman Thomas Best, Jr. Councilman ALSO PRESENT: Brian Wielinski, Deputy Town Clerk;Walter Rooth III, Town Attorney; Joseph Collins, Deputy Town Attorney; Samantha Tarczynski, Director of Administration and Finance; Richard Lardo, Principal Engineering Assistant; Michael Quinn, Engineering Consultant; Chris Monaco, Police Captain; Martin Denecke, Director of Youth, Recreation & Senior Services; Kurt Allen, Supervising Code Enforcement Officer; Tom Best Sr, Highway Superintendent; Ted Casey, Traffic Safety Coordinator The Pledge of Allegiance recited. Information on location of Fire exits provided.

2 04/24/2017 Town Board Meeting Hamburg, New York 2 3. On a motion of Councilman Best, seconded by Supervisor Walters, the following resolution RESOLVED, that the Town Board approve the minutes of the following meeting: 03/27/2017 Work Session 03/27/2017 Town Board Meeting 4. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, the Town Board authorize Detective Robert Paas, Police Officers Christopher Butera, Jonathan Cross and Jonathan Monaco to attend the 2017 New York State Tactical Officers Assoc. Seminar to be held in Verona, New York, April 24 th April 27, Cost of Seminar: $1, Lodging Gas and tolls (approximate) TOTAL: $1, Use of Unmarked Police vehicle for transportation is requested Money is available in account B On a motion of Councilman Quinn, seconded by Supervisor Walters, the following resolution WHEREAS, the Town of Hamburg Justice Department has an ongoing lease with Wells Fargo Vendor Financial Services for a copier costing $155 per month and, WHEREAS, the Town is to be fiscally responsible with taxpayer funds and, WHEREAS, Wells Fargo Vendor Financial Services has an available copier that will satisfy the requirements of the Justice Department while saving the Town $238 per year,

3 04/24/2017 Town Board Meeting Hamburg, New York 3 NOW, THEREFORE BE IT RESOLVED, that the Town Board authorize the Supervisor to sign a modified lease agreement with Wells Fargo Vendor Financial Services for a new copier at a cost of $ per month for a term of 60 months. Funds are available in A On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board approve the membership of the following into the Lake Shore Volunteer Fire Company, Inc.: Roy Charles Rotino Eric Norman 4826 Rogers Road 5110 Morgan Parkway Hamburg, NY Hamburg NY Nicole Walter Jennifer Tessey 4014 Nottingham Terrace 3886 Dartmouth St Hamburg NY Hamburg NY On a motion of Councilman Best, seconded by Councilman Quinn, the following resolution WHEREAS, Warren Price paid for and obtained permits for a fence and domestic fowl (permit numbers and ) for 4576 Tomaka Drive, Hamburg, New York 14075, and WHEREAS, the customer decided not to build the fence or purchase the chickens THEREFORE BE IT RESOLVED that a refund for both permits in the amount of $75.00 be issued to: Warren Price 4576 Tomaka Drive Hamburg, New York On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution

4 04/24/2017 Town Board Meeting Hamburg, New York 4 RESOLVED, that the Town Board approve the membership of the following into the Scranton Volunteer Fire Company, Inc.: Jacob Milliman 5479 Strnad Dr. Hamburg, NY On a motion of Councilman Best, seconded by Councilman Quinn, the following resolution WHEREAS, the New York State Department of Transportation (NYSDOT) requires the use of the Internet Government Solutions (IGS) Equitable Business Opportunities (EBO) system to administer NYSDOT contracts; and WHEREAS, the Town of Hamburg is a partner with the NYSDOT for the construction of Railroad Quiet Zones; and WHEREAS, Town Board authorization is required for access to the NYSDOT s EBO system; THEREFORE BE IT RESOLVED, that the Town Board authorize Town Engineer, Michael Quinn, P.E. to be the responsible local official and sign all documents in this regard. BE IT FURTHER RESOLVED, that the Town Clerk provide two certified copies of this resolution to the Engineering Department for transmittal to the New York State Department of Transportation. 10. On a motion of Councilman Quinn, seconded by Supervisor Walters, the following resolution WHEREAS, bids were opened on April 7, 2017 for the Paving Project at the Village Library, and WHEREAS, four (4) bids were received as follows: Occhino Corp $29,749 Ron s Blacktop $33,000 Chief Diversified Construction, Inc. $34,400 Gelder Construction, LLC $39,900

5 04/24/2017 Town Board Meeting Hamburg, New York 5 WHEREAS, the bids were reviewed and it determined that Occhino Corp. is a qualified and responsible bidder. THEREFORE BE IT RESOLVED, that the Town Board award the bid to Occhino Corp. in the amount of $29, On a motion of Councilman Quinn, seconded by Supervisor Walters, the following resolution RESOLVED, that the Town Board approve the travel request for Highway Employees Dan Bevelock, Paul Sauer and Chris Wilson to attend a Safe Digging Event for Pipelines, sponsored by Dig Safely New York on Monday, April 24, The class is to be held at The Grapevine Banquet Hall on Dick Road in Cheektowaga at 5:30 pm. There is no cost to the Town for this event but use of town vehicle is requested. 12. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board approve the termination and rehiring of personnel for the Youth, Recreation and Senior Services Department as follows: Full time PT/Sea/tempTermination # Emp # Employee Name N or R Position Start date hourly rate hourly rate Date Boswell, James Van Driver-A6772-Seas 3/31/ Boswell, James R Van Driver-A6772-P/T 4/1/17 $ DiPasquale, Charles Rec Attd-EI7265-P/T 4720 DiPasquale, Charles R Rec Attd-ER7251-Seas 4/16/17 $ Ellis, Christopher Rec Attd-EI7265-P/T 4703 Ellis, Christopher R Rec Attd-ER7251-Seas 4/16/17 $ Grasso, Maria Rec Attd-EI7265-P/T 4778 Grasso, Maria R Rec Attd-A7310-Seas 4/16/17 $ Joslin, Mark Rec Attd-EI7265-P/T 4318 Joslin, Mark R Rec Attd-ER7251-P/T 4/16/17 $ Kumiega, Mark Rec Attd-EI7265-P/T 4221 Kumiega, Mark R Rec Attd-ER7251-P/T 4/16/17 $ Martin, Jeffrey Rec Attd-EI7265-P/T 4206 Martin, Jeffrey R Rec Attd-ER7251-P/T 4/16/17 $ Meyer, Jennifer Rec Attd-A6772-P/T 4321 Meyer, Jennifer R Rec Attd-A6780-P/T 4/16/17 $ Reid, Gregory Rec Attd-EI7265-P/T 3704 Reid, Gregory R Rec Attd-ER7251-P/T 4/16/17 $ Sadowski, Christopher Rec Attd-EI7265-P/T 3821 Sadowski, Christopher R Rec Attd-ER7251-P/T 4/16/17 $10.43

6 04/24/2017 Town Board Meeting Hamburg, New York Simoncelli, Eric Rec Attd-A7310-P/T 4357 Simoncelli, Eric R Rec Attd-ER7251-P/T 4/16/17 $ Steger, Joseph Rec Attd-A7310-P/T 4/29/ Steger, Joseph R Rec Attd-ER7251-Seas 4/30/17 $ Wicka, John Rec Attd-ER7251-P/T 4/19/ Wicka, John R Rec Attd-ER7251-Seas 4/20/17 $ Zoda, John Rec Attd-A7310-Seas 4/29/ Zoda, John R Rec Attd-EW7251-Seas 4/30/17 $ Tomasi, Carmen N Rec Attd-ER7251-Seas 4/25/17 $ On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution WHEREAS, the Town of Hamburg receives grants and donations from time to time and, WHEREAS, the use of these funds has been determined by the granting agency/donor and, WHEREAS, these items are not included in the 2017 budget, NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the receipt of the following monies and approves a budget amendment to the revenue and expenditure accounts as follows: Total: $ 6, Receipt Revenue Code Expenditure Code Amount To Increase To Increase Purpose/Source $ A A Donation Ping Pong Table - Michael Quinn Jr. $ 5, A A Youth Recreation & Senior Expo Proceeds & Donations $ A A Participants Council Fund Donations 14. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution WHEREAS, the Town of Hamburg receives proceeds from sales of equipment from time to time and, WHEREAS, the use of these funds has been recommended by the respective department and, WHEREAS, these items are not included in the 2017 budget,

7 04/24/2017 Town Board Meeting Hamburg, New York 7 NOW, THEREFORE BE IT RESOLVED, that the Town Board approves the receipt of the following monies and approves a budget amendment to the revenue and expenditure accounts as follows: Total: $ 4, Receipt Revenue Code Expenditure Code Amount To Increase To Increase Purpose/Source $ 4, B.2665 B Sale of vehicle equipment to Erie County 15. On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution RESOLVED, that the Town Board approve the membership of the following into the Big Tree Volunteer Firemen s Company, Inc.: Andrew Incorvaia David Incorvaia 7 Foster Ridge Road 7 Foster Ridge Road Hamburg, New York Hamburg, New York Ashley Incorvaia Lawrence Anielski 7 Foster Ridge Road 4089 Richcrest Drive, Apt. 4 Hamburg, New York Hamburg, New York On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board authorize the Veterans of Foreign Wars of the United States, Hamburg Township VFW Post No. 1419, to conduct their annual Buddy poppy campaign on Friday, May 26 th, Saturday, May 27 th and Sunday, May 28 th. 17. On a motion of Councilman Quinn, seconded by Supervisor Walters, the following resolution RESOLVED, that the Town Board approve the termination and rehiring of personnel for the Buildings and Grounds Department as follows:

8 04/24/2017 Town Board Meeting Hamburg, New York 8 # Emp # Emp Name N or R Position Start date hrly rate hrly rate Term date BENNETT, ETHAN R LABORER/SEA/ET /24/2017 $ LOVE, KEVIN R LABORER/P/T/A $9.70 4/23/ LOVE, KEVIN R LABORER/SEA/A /24/2017 $ JONES, SETH R LABORER/P/T/A $9.70 4/23/ JONES, SETH R LABORER/SEA/A /24/2017 $ LAKSO, BRUCE R LABORER/P/T/A $9.70 4/23/ LAKSO, BRUCE R LABORER/SEA/A /24/2017 $ SCINTA, MICHAEL R LABORER/P/T/ET $9.70 4/23/ SCINTA, MICHAEL R LABORER/SEA/ET /24/2017 $ KOLB, CHRISTOPHER R LEO/EI $ /23/ KOLB, CHRISTOPHER R LEO/A /24/2017 $ OBAD, LOUIS R LEO/EI $ /23/ OBAD, LOUIS R LEO/A /24/2017 $ KALES, GEORGE R LABORER/P/T/ER $ /3/ KALES, GEORGE R LABORER/P/T/ER /3/2017 $ MAZUR, WALTER R LABORER/P/T/ER $ /3/ MAZUR, WALTER R LABORER/P/T/ER /3/2017 $ SCOTT, JOSEPH R LABORER/P/T/ER $ /3/ SCOTT, JOSEPH R LABORER/P/T/ER /3/2017 $ FIORELLO, LOUIS JR R LABORER/SEA/ET /24/2017 $ BUSHA, CHRISTOPHER R LABORER/P/T/EI $9.70 4/23/ BUSHA, CHRISTOPHER R LABORER/SEA/EI /24/2017 $ BAGINSKI, ANTHONY R LABORER/SEA/ER /24/2017 $ WIESERMEN, AUSTIN R LABORER/SEA/EI /24/2017 $ TORNABENE, ALEXANDRIA R LABORER/SEA/A /24/2017 $ BATORSKI, TYLER R LABORER/SEA/A /24/2017 $ DICKEY, JACOB R LABORER/SEA/EW /24/2017 $ BIEBER, ROBERT R LABORER/P/T/A $9.70 4/23/ BIEBER, ROBERT R LABORER/SEA/A /24/2017 $ PAWLOWSKI, RODNEY R LABORER/F/T/A $ /23/ PAWLOWSKI, RODNEY R LABORER/F/T/EW /24/2017 $ DEINZER, NATHAN R CLEANER/P/T/A $ /23/ DEINZER, NATHAN R CLEANER/SEA/A /24/2017 $ KRAUSE, ROBERT R LABORER/SEA/EW /24/2017 $ FIORELLO, CHARLES R LABORER/P/T/ET $9.70 4/23/ FIORELLO, CHARLES R LABORER/SEA/ET /24/2017 $ RYCHIK, DAVID R LABORER/TEMP/F/T/A $ /23/ RYCHIK, DAVID R LABORER/F/T/A /24/2017 $ FEUERSTEIN, SHAWN R LABORER/SEA/EI /24/2017 $ CZERWIEC, DAVID R LABORER/CLEA/P/T/EW $ /23/ CZERWIEC, DAVID R LABORER/CLEA/SEA/EW /24/2017 $ CEEJAY, BOSWELL R LABORER/SEA/ET /24/2017 $ GAWLAK, LAUREN R LABORER/SEA/A /24/2017 $ GAWLAK, KAYLA N LABORER/SEA/A /24/2017 $ FLIS, PAUL R LABORER/P/T/EW $9.70 4/23/ FLIS, PAUL R LABORER/SEA/EW /24/2017 $ On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution TOWN BOARD AUDIT OF CASH DISBURSEMENTS April 27, 2017

9 04/24/2017 Town Board Meeting Hamburg, New York 9 VOUCHER #'S OPERATING FUND: 47 $3, $ $169, $75, $24, $10,073.50, $628, $5, $25, $31, $111, $17, $8, $ $40, $ $183, $7, $ $ $136, TOTAL OPERATING FUND DISBURSEMENTS: $1,480, TRUST & AGENCY TOTAL TRUST & AGENCY DISBURSEMENTS: CAPITAL FUND DISBURSEMENTS: $ $1, $1, $13,

10 04/24/2017 Town Board Meeting Hamburg, New York 10 TOTAL CAPITAL FUND DISBURSEMENTS: $15, PAYROLL: PR #P/R #7 $684, PR #P/R #8 $640, PR # TOTAL PAYROLL DISBURSEMENTS: $1,324, PETTY CASH $0.00 TOTAL CASH DISBURSEMENTS SUBMITTED FOR AUDIT: $0.00 $2,821, Reports from Town Board Members and Department Heads Councilman Best, 22 nd Annual Town wide clean-up Saturday May 6, 2017 kickoff is at 8:30 am, lunch is 11:00am to 12:30pm. To register, please contact Hamburg Town Clerk Cathy Rybczynski. Congratulations to the new employees to the Town of Hamburg for the upcoming summer. Councilman Best, Town Clerk Rybcynski, and Councilman Quinn attended the Woodlawn Beach cleanup this past weekend April 22, Assemblyman Sean Ryan s office sponsored the cleanup event. Thank you to everyone that assisted in the cleanup at Woodlawn Beach Councilman Quinn reported that per the agenda, he hoped that everyone getting good use of the ping pong table at the Senior Services Center. Councilman Quinn, Marty Denecke and Pat Ryan, Building and Grounds, took a tour the playgrounds in the area and were able to assess the current needs and what will require fixing in the future for safety and improvement of over all look. We hope to have everything fixed before the start of summer. Supervisor Walters reported that the Buffalo News reported the NYS Thruway Authority holding public hearing for the purposed removal of the Exit 57 overpass on April 25, 2017 from 5:00pm-8:00pm at Hamburg Town Hall.

11 04/24/2017 Town Board Meeting Hamburg, New York 11 Richard Lardo, Principal Engineering Assistant, reported that we have received a couple calls regarding the quiet zone and advised that they are trying to get their insurance in order to get started. Marty Denecke reported that the Youth Awards Dinner held April 25, 2017 at Michaels Banquet Facility 6:00pm to honor adults who serve youth and youth volunteers. The golf course opened on April 17, year employee, Shirley Spaulding, Adult Day Service Center is retiring. Tom Best Sr., Highway Superintendent, reported that he and Councilman Quinn will be hiring a part-time task-force of 6-10 students (kids) to help with the renovation of the playgrounds, painting fences, and cleaning up buildings and all playgrounds. Business from the Floor: John McKendry voiced concerns about the railroads near Wanakah County Club. The noise and transportation of railcars continue to be an issue. John McKendry requested that the train bridge on Camp Road be inspected. The condition of this bridge appears to have major concerns. John McKendry asked that the Town address the recycling of electronics for Town residents. Tom Best Sr. advised that Modern Corporation and Best Buy will accept electronics at a cost. The Town of Hamburg is working with the Village of Hamburg to develop a plan for Town residents at a minimal charge. Councilman Best advised that you will see free recycling events coming up. In the past, these have been held at the fairgrounds and Total. Councilman Quinn advised that Erie County runs the free electronic events from time to time. He will update the website as he sees them coming up. Brian Wielinski advised that the next free Erie County electronics recycling event will be held at the Fairgrounds around the end of May. John McKendry asked that the Town address the speeding on Route 5 and on Old Lakeshore. John McKendry requested an update on the cleanup of residents lawns affected by Town construction projects. Councilman Quinn advised that the Engineering Department had been in contact with the contractor concerning the repair to residents lawns. They are waiting for the weather to break and the project will be completed. Joe Kilian questioned the handling of the creeks near Woodlawn Beach.

12 04/24/2017 Town Board Meeting Hamburg, New York 12 Councilman Best advised that Assemblyman Sean Ryan s office handling this issue and planning on conducting a study to correctly fix the issue with the creeks at Woodlawn Beach. Assemblyman Ryan s recognizes that we need to address this issue. Dennis Chapman, American Legion Post 527, invited the Town Board for Officer Installation on Friday May 12 th, 2017 at 7:00pm. Don Wiess commented on the Planning Board approval of Emma s Ice Cream on Route 5. The Town Board needed to close the loophole siting the transient merchant law. This property is able to operate as a business without paying taxes. The owner of this ice cream stand hasn t completed what he agreed to do from the original approval. The facility and grounds are substandard and need to be addressed. Complaints against this site have fallen on deaf ears. Councilman Best commented that he in attendance for the Planning Board meeting and the Planning board had concerns about the property also and we will ensure that this property is in compliance with what the owner of the property presented. Also, this business is not a transient merchant, as it s not on wheels and able to move from place to place. 19. On a motion of Supervisor Walters, seconded by Councilman Best, the following resolution RESOLVED, that the Town Board move into Executives Session at 7:51 pm on a litigation matter.

13 04/24/2017 Town Board Meeting Hamburg, New York On a motion of Supervisor Walters, seconded by Councilman Quinn, the following resolution RESOLVED, that the Town Board adjourns at 9:00 pm. Brian F. Wielinski, Deputy Town Clerk

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